Scientific Views of Russian Civilists of the Late XIX – Early XX Century on the Conclusion of Contracts Using the Telephone and Telegraph

Abstract

Relevance. At the end of the 19th - beginning of the 20th century, Russia was undergoing a transition to the third technological order based on the use of electricity, which led to the use of the telephone and telegraph for the conclusion of civil law contracts. The use of technical means for the remote (remote) conclusion of contracts in civil circulation required a scientific understanding of the theoretical and practical problems arising in connection with this. Currently, the world is undergoing a transition to a new technological order based on the digitalization of social relations. Contracts are concluded remotely through the use of the digital environment, which requires a doctrinal understanding of the issues of using digital means of communication in civil law relations. Scientific concepts about the remote conclusion of contracts using technical means, formulated by Russian pre-revolutionary civilists, can be used in the science of civil law at the present time. Their application is possible for the development of theoretical provisions regarding the conclusion of contracts using digital communication tools.The purpose of the study is a comprehensive review of the scientific views of Russian civilists of the late XIX - early XX century on the conclusion of contracts using the telephone and telegraph.Objectives: analysis of scientific concepts on the genesis of the development of theoretical ideas about the conclusion of civil law contracts using telephone and telegraph in the works of pre-revolutionary Russian civilists: on the legal nature of actions when concluding contracts using telephone and telegraph; about the features of the conclusion, content, subject composition, form of contracts concluded using the telephone and telegraph; on solving the problems of legal liability associated with telegraph errors in pre-revolutionary civil law.Methodology. In the process of working on the study, methods of synthesis, analysis, induction, deduction, historical and legal, comparative legal, and logical were used. Results. In the course of the study, the scientific views of Russian pre-revolutionary civilists of the late XIX - early XX centuries on the problem of concluding contracts using the telephone and telegraph were revealed.Conclusin. The issue of concluding contracts using the telephone and telegraph in the late 19th - early 20th century was debatable and was the subject of a comprehensive study in Russian pre-revolutionary civil law.